Palmer v. Call
U.S. Circuit Court for the District of Iowa
On motion by plaintiff [Henry L. Palmer] to remand cause to the state court. This is a bill to foreclose a mortgage. The suit was brought in the state court, and at the return term, in February, 1877, the defendant [Asa C. Call] filed “an answer, and, by consent of parties, th^plaintiff has until July 7, 1877. to answer the interrogatories in the answer and to reply, and, by consent, the cause is continued.”
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On motion by plaintiff [Henry L. Palmer] to remand cause to the state court. This is a bill to foreclose a mortgage. The suit was brought in the state court, and at the return term, in February, 1877, the defendant [Asa C. Call] filed “an answer, and, by consent of parties, th^plaintiff has until July 7, 1877. to answer the interrogatories in the answer and to reply, and, by consent, the cause is continued.” At the next term the defendant filed his petition and bond in due form, under the act of March 3, 1875, to remove the cause to this court — the plaintiff being a citizen of New Jersey,…
1Opinion of the Court
DILLON, Circuit Judge.
The act of congress of March 3, 1875. in respect of the removal of causes to this court from the courts of the states, provides that the application for the transfer shall be made “before or at the term at which the said cause could be first tried, and before the trial thereof.” Section 3. The act extends equally to actions at law and suits in equity.
The Code of Iowa of 1873 provides when actions at law and suits in equity shall be triable. Sections 2740-2745. Law actions “shall be tried at the first term after legal and timely service of process has been made.” Id. §…
2Cases cited2 opinions
- Sherwood v. SherwoodSupreme Court of Iowa · 1876
- Palmer v. CallUnited States Circuit Court · 1881
3Cited by2 opinions
- Aldrich v. CrouchUnited States Circuit Court · 1882
- Wheeler v. Liverpool, London & Globe Ins.United States Circuit Court · 1881